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Had you polled our country’s residents in 2022, it’s unlikely that many of them would have mentioned the Mountain state if asked where police misconduct issues are most common. However, news broke in early spring 2023 showcasing various serious allegations of impropriety against West Virginia State Police, including its officers and leadership. If you’ve been on the receiving end of what you believe is wrongful treatment from a law enforcement officer or agency as a whole, a West Virginia police brutality lawyer is standing by to help. Contact our Charleston law firm, Forbes Law Offices, for a free consultation now to discuss your rights.
Law enforcement officers generally have an obligation to use restraint when interacting with members of the public; however, according to the U.S. Department of Justice, if there’s an escalation, they can use reasonable force to gain control over the situation as necessary to protect their own life and that of others. West Virginia law enforcement agencies are urged to follow similar rules when deciding whether to exert force.
The conversation about excessive force is only one aspect of police brutality, though. There’s more to it, and then there’s police misconduct, too. These concepts are often used interchangeably to refer to instances in which law enforcement officers overstep the duties they’re sworn to uphold. Excessive force aside, these terms can also refer to inappropriate non-violent actions taken by members of police forces, as detailed below.
The following are all examples of inappropriate law enforcement officer behaviors or force that may be unnecessary, excessive, or unlawful, depending on the circumstances:
As for the examples of physical violence above, while law enforcement’s use of force can be necessary in some situations, including for self-defense or the protection of others, any actions that extend beyond ensuring the safety of oneself or others may constitute excessive force. Other behaviors on the list above are never appropriate, no matter the circumstances.
According to the Law Enforcement Epidemiology Project, the following is true:
Whether you believe you are one of the statistics above or not, we can help. Ill-treatment at the hands of law enforcement can take on many shapes and forms, and police officers are constantly changing up what they do to stay under the radar. So, let’s discuss exactly what happened to you, whether it violated your rights, and, if so, what your legal options are in your case. That initial meeting with our legal team is completely free.
The types of behaviors described above can give way to both civil and criminal legal cases. For example, it’s a violation of federal law to deprive someone of their constitutional rights, such as when being overly forceful with them. Illegal searches and seizures also violate a person’s rights under the U.S. (and many states’) constitutions, which can result in criminal charges. Of course, any violence, including a sexual act, that results in someone suffering physical harm or dying, may warrant the filing of criminal charges, such as assault or murder.
Those injured or who lose loved ones due to police misconduct may opt to file civil lawsuits to recover damages for losses they sustained as a result of what happened.
Elements are the aspects of a case that prosecutors, including U.S. Attorneys in criminal matters or plaintiffs in civil matters, must prove to achieve a successful outcome in their case.
18 U.S.C. § 242 is the federal law that outlines the Constitutional limits that apply to the actions of law enforcement officers. West Virginia law limits the power of police, too. According to the U.S. Department of Justice (DOJ), the government must prove that the defendant met the following elements beyond a reasonable doubt for a judge or jury to decide a defendant should convicted of a criminal offense related to one of the offenses above:
The DOJ further states that a violation of Section 242 is generally a misdemeanor; however, it becomes a felony offense if the defendant:
A key element in proving criminal cases involving police brutality is showing the intent behind a defendant’s actions.
In contrast to criminal cases, where prosecutors build and try those cases, you, as the victim or their surviving loved ones, must compile evidence and present a case in court.
As for filing a civil suit, which most police brutality victims do at the same time or immediately following a criminal trial for the matter, it’s unnecessary to prove that your constitutional rights were violated to secure a settlement. Your sole obligation is to prove officer liability based on a preponderance of the evidence. In other words, you must show that the police officer was more responsible for the misconduct you faced than not. Since this is a critical component that affects whether you can pursue a civil lawsuit, it’s in your best interest to consult with a West Virginia police brutality lawyer for a free case review.
The uptick in police misconduct in recent years has led to more hyper-vigilance among would-be victims. This has led to them identifying ways to document potential adverse events in case such evidence is later needed to prove police officers’ unlawful actions. As such, some of the more common examples of evidence used to prove cases like these include:
The problem with police misconduct, as you might have noticed if you’ve closely watched some high-profile cases play out in the news, is that officers don’t traditionally report the illicit actions they may have seen a colleague carry out. They don’t do this because they subscribe to the “blue code of silence,” an unwritten rule that means that police officers traditionally don’t report each other for misconduct.
Above, we discussed how inappropriate police conduct can be dealt with as either a criminal or civil matter, or both. While that is true, because of the nature of such allegations, these types of cases often play out a bit differently from other types of cases. For example, it may be necessary and best to first file an internal complaint with the police agency that employs the officer responsible for carrying out the misconduct.
Another complication associated with pursuing these types of cases is knowing whether you should report and pursue your case through a local, state, or federal legal system. While most filings about police forces can be pursued in the state court system, certain ones, including those involving excessive force, may need to be handled at the federal level. The jurisdiction also varies depending on whether the case is a criminal or civil matter. For example, the most appropriate way to pursue compensatory damages for expenses such as the following is often best suited for our state’s civil court system:
Having a West Virginia police brutality lawyer guide you in building a case and navigating the legal system is key as obtaining evidence, following civil procedures, meeting noticing requirements (especially when the defendant is a government agency), and filing cases within certain timelines, known as the statute of limitations, can all affect the outcome of your case. We’re able to assist those all across West Virginia, including those in the areas of Charleston, Morgantown, and Huntington.
Time is limited to preserve the necessary evidence to prove what happened, to recover compensation for what you went through, and to save others from the same fate. Reach out to our Charleston law firm, Forbes Law Offices, today for a free meeting with an attorney experienced in handling law enforcement misconduct cases like this.
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